Overstaying tourist visa

[Roel 7,193]

Basically she needs to make appointment in the embassy and see if they will issue her a new visa or not.

 

They might see an overstay and just based on that refuse her visa. If she gets visa she might be refuse entry to the USA based on that reason also. 

 

If she gets a new visa with no issues, let us know. 

 

[Boiler 46,084]

How long had the Relative visited?

[balkanboy 7]

21 minutes ago, Boiler said:

How long had the Relative visited?

6 months

[Crazy Cat 42,243]

8 minutes ago, balkanboy said:

6 months

Red flag!!!   That with an overstay could easily be grounds for new visa denial or denial of entry to the US on his/her next visit to the US.

Edited March 14, 2018 by missileman

[geowrian 22,338]

7 minutes ago, balkanboy said:

6 months

Well that's an issue in itself. She should probably wait 6-12+ months (preferably even longer IMO) before even considering to apply for a new visa. After such a long stay, it's going to be hard to show non-immigrant intent.

[Crazy Cat 42,243]

6 months?  Are you sure he/she was authorized  6 months by the CBP officer ?

[Crazy Cat 42,243]

2 minutes ago, geowrian said:

Well that's an issue in itself. She should probably wait 6-12+ months (preferably even longer IMO) before even considering to apply for a new visa. After such a long stay, it's going to be hard to show non-immigrant intent.

Isn't a 6 month stay unusual in itself?

[balkanboy 7]

38 minutes ago, arken said:

My understanding is:

Her overstay of 1 day voided her existing visa. She needs to get a new visa to enter US next time. Her new visa approval depends on how the CO interprets her 1 day overstay and of course new conditions at that time. If she gets the new visa, her entry to USA depends on how understanding the POE officer is about her 1 day overstay.

 

Regardless, the overstay will stay on the record, it’s about if the CO and the POE officers will be convinced about that 1 day overstay was not in her control.

 

Let me be very clear about the statement "Her overstay of 1 day voided her existing visa.". This statement is not correct.

I will repeat again (from my first post):

 

"When I asked what will happen at POE when she travels to the US next time, I was told that she basically overstayed her visa, but because it is only one day it depends on officer at POE if she will be admitted.

The gentleman was describing that if the officer will admit her to the US at that point depends on factors like if he had good or bad morning coffee that day."

 

More details. Officers I spoke to were CBP officers. Overall impression is that they were very nice. For example, one of them said that he has seen at least 50 similar cases with 1 day overstay with reasons like airplane engine failed, so the flight was cancelled and the next flight was scheduled next day, etc.

 

After all, the whole point of my first post was to share my experience. In other words, before I spoke to officers, I thought that there is no light at the other end of a tunnel.

With their suggestion (in my opinion), there is a good chance...

 

Balkanboy

 

 

 

[Crazy Cat 42,243]

Just now, balkanboy said:

Let me be very clear about the statement "Her overstay of 1 day voided her existing visa.". This statement is not correct.

I will repeat again (from my first post):

Let me be clear.  The minute she overstayed, her existing visa was voided.......book it!!

[WeGuyGal 1,052]

1 minute ago, missileman said:

Isn't a 6 month stay unusual in itself?

Not necessarily. Bunch of my colleagues get visits from Indian parents/inlaws for 5.5 to 6 months. Not unusual at all to stretch a B-visit to the max

[balkanboy 7]

Just now, missileman said:

Isn't a 6 month stay unusual in itself?

Hmmmm...

 

I am not sure what to say, so I will answer this question by asking another question:

 

If someone gives you permission to stay 6 months (and to my knowledge, they usually stamp passports with 6 months), why it is unusual to stay 6 months?

 

Balkanboy

[Crazy Cat 42,243]

This is from Temple University:

 

" The law provides that the visa of individuals who overstay is automatically voided and all future nonimmigrant visas must be obtained in the country of nationality, except for those who are eligible for an exemption due to "extraordinary circumstances."

 

 

[geowrian 22,338]

5 minutes ago, missileman said:

Isn't a 6 month stay unusual in itself?

If you mean 6 months being stamped on the I-94, that's not uncommon. It's far from guaranteed, but not unusual. Staying that long is definitely a sign that you don't have strong ties abroad, which adds to the risk of being refused for a new visa.

 

4 minutes ago, balkanboy said:

Let me be very clear about the statement "Her overstay of 1 day voided her existing visa.". This statement is not correct.

It is correct...that's law under the INA.

 

See INA 222(g):

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5161.html

"(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay."

 

4 minutes ago, balkanboy said:

More details. Officers I spoke to were CBP officers. Overall impression is that they were very nice. For example, one of them said that he has seen at least 50 similar cases with 1 day overstay with reasons like airplane engine failed, so the flight was cancelled and the next flight was scheduled next day, etc.

That's fine. But keep in mind that they don't issue visas. If the only issue was 1 day of overstay, then getting a new visa usually isn't an issue. The extended stay may be a concern of having ties to her home country, though.

[SusieQQQ 11,587]

10 minutes ago, balkanboy said:

Hmmmm...

 

I am not sure what to say, so I will answer this question by asking another question:

 

If someone gives you permission to stay 6 months (and to my knowledge, they usually stamp passports with 6 months), why it is unusual to stay 6 months?

 

Balkanboy

It's common to be issued 6 months, it's not common to stay that long, certainly not until the very last day. 

 

You didn't respond to my previous post wondering if this was the first such stay, or if there have been (or will be) more 6 month stays.

 

And let me guess: this relative is your mother?

[SusieQQQ 11,587]

5 minutes ago, geowrian said:

 

 

That's fine. But keep in mind that they don't issue visas. If the only issue was 1 day of overstay, then getting a new visa usually isn't an issue. The extended stay may be a concern of having ties to her home country, though.

Precisely, hard to show strong and compelling ties when you can stay out for that long. Pretty likely too that the CO interviewing for her next visa will ask exactly what she was doing and where she was staying for those 6 months.